QLD How does a Father gain custody of his children

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msoleanda

Active Member
26 May 2017
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There are 3 children aged 4,2 and 2 months. The lady involved was convicted of drug driving whilst pregnant and has a 5 month licence suspension. A DVO was taken out by her in Jan 17 and she registered a breach about a month ago.The DVO does not mention access to the chidren. My visit was timed to be here when that went to court last week and was adjourned for a few weeks. I know the circumstances but it is not appropriate discussing them here. He has a solicitor acting for him.
I have now had a week of watching her in action. Prior to my arrival, my son did not have unsupervised access to see his children and any verballing that occured was due to this. The the day after my arrival, I have a message telling me that I can't have them either even though she lives with her parents. There is a cordial relationship with both sets of grandparents. After telling me that no one was having access to the children, not 24 hours later my son was offered access for about 5 hours. Since then, my son has been offered the 2 eldest children for a full 24 hour period and then a second overnight stay. I have watched her harrass my son with phone and txt calls and I have had some too. She has schooled the 4 yrold to tell her who is with Daddy and on the last occasion, as soon as they arrived at the unit, she was harrassing both my son and grandson to see if his friend was here. He was honest, he was only 4 years old and, once she knew that my son's new friend was here, she came around and grabbed the 4 yrold and tried to take the 2 yrold. Police left the 2yr old in my care overnight whilst my son was taken away for questioning and later released with no action against him. Earlier that day, a drug raid was made on his new friend's house which the mother was funnily aware of. Nothing was found but I understand the dob in a dealer can cause that reaction and I support that initiative. In this case it was spite towards the woman, just because she was my son's friend. The next morning when we went to court for the hearing of the DVO matter above, as I parked the vehicle in center road parking the mother opened the back door of my car and grabbed the 2 yr old. That's 2 cases of kidnapping your own children from an agreed time allocation in 12 hours, both running the risk of injuring the children physically whilst the mental affects will be long lasting. I will say that Police are now fully aware of what the mother has been doing. Crying wolf is an old but pertinent phrase but as she took out the DVO, the onus is on my son. The DVO does not relate to child access.

To the readers, I ask the following:

What advice can you give my son to gain the high ground with a woman, a mother that would use her own children as a tool of anger towards the father, He has started the legal process through Legal Aid which will take some time. With no parenting agreement in place (I understand she has refused mediation), there is an agreed 50%/50% care of the children. In fact he was the primary care giver. The police stated that he had every right to safely look after the children in his own house. They were not at risk and very happy.

I don't care who you are, your advice and help on the route to take to save these children from this set of circumstances is urgently needed, even going as far as suggesting that the mother is unfit to provide the guardianship that is needed.

Whilst I have a daily diary of what has happened, and so has my son and his friend, that does not help these little boys.

Please help us

#5msoleanda, Yesterday at 3:59 PM
 

sammy01

Well-Known Member
27 September 2015
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so is he still seeing the kids? When did he see them last.

Look this is a legal forum... So folk can give you legal advice and given he has legal aid on board, he seems to be well on his way towards getting good advice and achieving a good outcome. So it is your opinion that the mother is un-fit. With all respect - You have not stated one reason for this... So I don't think it appropriate to tell you what you should do to create that sort of situation. If it exists, the authorities will catch her up.

So just out of interest - what drug was in her system when she was charged with driving under the influence?

So I'm assuming legal aid have made a court application?
 

msoleanda

Active Member
26 May 2017
6
0
31
Thanks Sammy01. I a not in any way qualified to suggest that the mother is un-fit. I believe she is no longer at her parent's place. Since the events of last Wednesday and Thursday, there has been no contact either way that I am aware of. So in answer to your first question, He hasnt seen any of the boys since Thursday morning when the 2yr old was grabbed from my car at the court house.

The drug driving: yes, she was charged,it was ice. She sought two postponements till after the boy was born, convicted and is now serving 5 month loss of licence plus a fine

I agree, if my son can get the Family Court process under way, the authorities may catch up with her. I am not one to deal in 3rd hand stories so the best I have at the moment is what you can see plus Centrelink paid her the full amount of Baby payment instead of 50% to each parent. That has come to light.

I suppose the thing that bites the most is the cry wolf when it suits and that it is believed without question.

He has submitted an application to Centrelink and been given the names of local Family Court lawyers to contact. I presume the chosen one will make an application to the court.
Thanks for caring and any further thoughts would be appreciated as I am returning home in 2 days
 

msoleanda

Active Member
26 May 2017
6
0
31
Again thanks so far.

I do now have a specific question.

In the situation just described, in Qld can a mother or a father move with her/his children to another place( town/city etc) without the father's/mother's consent. It seems at the moment that she can pick and choose when and if he sees the children, who is with him and how long he can see them.

I have heard that such a move by the mother is on the cards and perhaps in just a few days

Is there such a process (such as a temporary restraining order) that prevents either parent from doing just that until proper family court orders are in place? Remember, there is nothing yet, He was the primary carer. He voluntarily changed that to 50/50 shared.

There is no mention on the DVO about the children.

My son has started the Family Court process through Legal Aid and just been given a list of lawyers to choose from. By the time he sees anyone, she could be gone.

As I understand, the process including mediation, (which I don't think she will agree to unless directed by court) will take months

I am going to try to see the court house today but I would appreciate any help here

Thanks
 
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sammy01

Well-Known Member
27 September 2015
4,932
704
2,894
look court is probably the best option. It makes it legally binding... Which is better than an agreement where she can change her mind... He will get a better go at court than anywhere else